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BOC Terms of supply are as set out in our agreement with you.
The following General Conditions form part of all of our agreements.
1. PRICE AND PAYMENT
(a) Payment shall be made to BOC by the twentieth day of the month
following the delivery of goods and/or provision of services.
(b) The Customer shall ensure that any payment of invoices by direct
debit is made in full by the Customer's bankers on presentation
to them by BOC of invoice information.
(c) BOC should be notified immediately of any error on an invoice.
(d) If any payment is overdue BOC may stop the delivery of goods
or provision of services to the Customer and payment shall become
immediately due for all goods and services supplied under any contract
with the Customer.
(e) BOC may charge interest on any amount overdue at the rate of
2% per month compounding monthly, such interest shall be payable
on demand.
(f) All prices and charges are expressed net of VAT which shall
be charged and paid as applicable.
(g) If at any time BOC's costs change due to government action or
to a change in the law BOC reserves the right to adjust prices to
take account of such change in its costs.
(h) If the price variation indices (or any substitute indices) are
changed or discontinued BOC will adopt an appropriate substitute.
(i) Where BOC charges rent on containers payment of a container
rental invoice is deemed conclusive (subject to transactions prior
to the date of invoice which have not been included in the invoice
and to (j) below) as to the Customer's holding of BOC containers
as shown at the date of the invoice in question.
(j) If a container transaction or notification by the Customer indicates
a BOC container holding greater than recorded, BOC reserves the
right to amend its records and charge the Customer rental accordingly.
(k) BOC shall have the right to enter the Customer's premises to
audit and inspect BOC equipment and containers upon reasonable notice.
2. LIABILITY AND EXCLUSIONS
(a) BOC's liability is as set out in this condition and BOC shall
have no liability for any other loss or damage including (without
limitation) loss of revenue, loss of profits, loss of use, and loss
of contracts.
(b) BOC accepts unlimited liability for death or personal injury
to the extent that it results from BOC's negligence.
(c) BOC accepts liability for physical damage to property to the
extent that it results from breach of contract or BOC's negligence
in connection with the performance of this Agreement. BOC's liability
shall not exceed £500,000 for each single event or series
of connected or similar events.
(d) BOC shall not be liable for any shortage, loss, damage or discrepancy
unless notified to BOC in writing within 3 working days of receipt
of goods by the Customer. This exclusion of liability shall not
apply if the Customer proves that it was not reasonably possible
to notify BOC within this time period, and such notification was
given as soon as was practicable and in any event within 3 working
days after the Customer became aware, or could reasonably be expected
to become aware of the claim. If acceptance tests are provided in
this Agreement for Goods this sub-section shall not apply to such
Goods and the Customer shall be deemed to have accepted the Goods
upon successful completion of those tests.
(e) If BOC's performance of any contract obligation by its normal
means is prevented or delayed due to any cause beyond BOC's reasonable
control that contract obligation shall be suspended during the period
BOC is affected by such cause.
(f) All warranties and conditions which arise from statute and relate
to the supply of goods and services are excluded from this Agreement
except to the extent that such exclusion is prevented by law (such
as the rights of a Customer dealing as a consumer as defined in
Section 12 of the Unfair Contract Terms Act 1977).
(g) No statements or representations made or information supplied
by BOC shall form part of this Agreement unless specifically incorporated.
(h) The Customer shall indemnify BOC against any loss, damage or
claims arising from BOC's presence on the Customer's site except
to the extent caused by the negligence of BOC.
3. CUSTOMER'S DUTIES AND RESPONSIBILITIES
The Customer shall:
(a) provide free of charge adequate and safe access to the Customer's
premises, information and facilities (including labour for loading
and unloading of goods, equipment and containers) for BOC to carry
out its duties and rights under this Agreement;
(b) insure the equipment and containers to their full replacement
cost against "all risks" and against all normal Public
Liability Risks. All insurance shall be on terms satisfactory to
BOC and shall include a waiver of subrogation;
(c) ensure that all work and materials for which the Customer is
responsible meet and comply with all legal and statutory requirements
and with BOC's specifications;
(d) obtain all necessary consents and comply with all legal obligations
in connection with installation or use of any goods supplied or
equipment and containers provided to the Customer, or work done
on the Customer's site;
(e) notify BOC if at any time it anticipates a significant change
in its gas consumption rate;
(f) return all equipment and containers in a clean and serviceable
condition. If they are not the Customer will pay a sum equal to
the cost of new equipment and containers if BOC equipment and containers
are lost or damaged beyond repair or pay for the cost of restoring
equipment and containers to a clean and serviceable condition;
(g) not mortgage, pledge, sell, lend or part with possession of
BOC equipment and containers; and
(h) not obliterate, remove or deface identification marks or notices
on the equipment and containers or alter or tamper with equipment
without the prior written consent of BOC; and
(i) be responsible for the safety and condition of customer owned
equipment.
4. DELIVERY/COLLECTION
(a) The Customer acknowledges that collection of containers from
a BOC site or agent shall be at its own risk and that it is responsible
for handling and transporting the load safely, training the driver
on the hazards of the goods and compliance with all relevant legislation
including the Carriage of Dangerous Goods by Road Regulations.
(b) Subject to Condition 2(d) BOC's delivery/collection note shall
be conclusive evidence of delivery of the goods.
(c) Failure by BOC to deliver or perform by any time specified shall
not entitle the Customer to terminate this Agreement.
(d) If full delivery cannot be made due to the Customer's act or
omission BOC may charge for abortive journeys or part deliveries.
(e) BOC will supply gas into Customer owned containers and storage
vessels considered suitable by BOC by special arrangement with the
Customer. Such supply is subject to container and storage vessel
examination and testing when necessary in accordance with BOC procedures
and applicable statutory requirements at the Customer's cost.
(f) BOC can provide a certificate of analysis of gas for gas supplied,
provided the Customer requests one, upon reasonable notice, in writing
beforehand. BOC makes an additional charge for this.
(g) BOC may suspend deliveries of gas if the gas storage or handling
equipment or process equipment is considered by BOC not to be safe.
5. BOC EQUIPMENT
(a) Except as provided in 5(c) the Customer shall not refill or
allow the refilling of BOC containers or let them be used otherwise
than for storage, transport or use of gas placed in them by BOC.
(b) Facility charges for BOC storage vessels and equipment charges
are payable in advance from the commencement date or from the date
of certification by BOC of hand-over of the BOC equipment if later.
(c) BOC storage vessels will only be used for handling gas supplied
by BOC, unless BOC is unable to supply gas. While BOC is unable
to supply liquid/bulk gas, the Customer may use BOC storage vessels
for handling equivalent gas obtained from another source, provided
that the Customer notifies BOC in advance. BOC shall have no liability
whatever in relation to any such supply, and the Customer shall
indemnify BOC against all claims, costs, expenses or liabilities
resulting from such supply.
(d) Liquid Gas and Gas in Trailers : BOC will deliver gas in appropriate
quantities and frequency having regard to the Customer's average
gas consumption rate and the tank storage capacity. BOC will not
normally delivery part tanker loads of less than 50% of the tank
storage capacity. The Customer shall notify the BOC Customer Service
Centre if at any time it anticipates a significant change in its
gas consumption rate.
(e) BOC equipment will comply with any technical specifications
provided by BOC. BOC does not warrant that the equipment is suitable
for the Customer's intended use or process.
(f) BOC will maintain BOC owned equipment and gas containers in
accordance with BOC procedures and current safety requirements.
If this requires interruption of supply this will, whenever possible,
be by arrangement with the Customer.
(g) Facility or rental charges are payable from delivery, or from
the date of completion where BOC installation is provided.
(h) The Customer will comply with any operating manual (or other
instructions) provided, and will not otherwise adjust, repair or
interfere with BOC equipment.
6. TITLE AND RISK
(a) All goods sold remain the property of BOC until the Customer
has paid for them and has paid all other outstanding amounts due
and payable to BOC.
(b) BOC containers, storage vessels and other hired equipment remain
the property of BOC and are supplied to the Customer for the Customer's
sole use.
(c) The Customer shall have no rights over any other property of
BOC or its contractors brought onto the Customer's site.
(d) The risk in goods hired or sold passes to the Customer upon
delivery to or collection by the Customer.
7. BREACH AND TERMINATION
(a) If the Customer (being an individual) commits any act of bankruptcy
or (being a partnership) any of the partners commits any act of
bankruptcy, or (being a company), has a receiver, administrative
receiver, administrator or manager appointed or goes into liquidation
(except for the purpose of solvent reconstruction or amalgamation)
or if the Customer commits any material breach of any provision
of this Agreement then BOC may by written notice to the Customer
either:
· terminate this Agreement or any part, or
· suspend performance of all or any of its obligations, and
at any time during such suspension terminate this Agreement or any
part.
(b) Termination shall be without prejudice to any accrued rights
of either party.
(c) On suspension or termination BOC may recover possession of any
goods belonging to it (including, where relevant, any of the Customer's
gas in BOC's containers or other equipment), and the Customer irrevocably
authorises BOC to enter its premises for this purpose.
(d) BOC will charge the Customer for the reasonable costs of removal
of BOC equipment and containers.
8. VARIATION AND WAIVER
Any variation or waiver of this Agreement must be expressly agreed
in writing by both parties.
9. CONSUMER CREDIT ACT
If the Customer is not a company the hire of equipment and containers
will be governed by the terms of a separate regulated Consumer Hire
Agreement.
10. GOVERNING LAW AND JURISDICTION
The Agreement shall be governed by English Law and subject to the
exclusive jurisdiction of the English Courts.
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